GLP contributes to the Chinese Intellectual Property Office's (CNIPA) public request for opinions on the draft revision of the Chinese Trademark LawThe CNIPA has solicited public opinions on the draft revision to the China Trademark Law 10 March 2023
The China National Intellectual Property Administration (CNIPA) issued notification on soliciting public opinions regarding the draft revision to the China Trademark Law (the Draft). The Draft was published on the CNIPA's official website to solicit public opinions till February 27, 2023.
The revision was necessary, as read in CNIPA official website, to comply with the requirements of the 20th National Congress of Communist Party of China on “strengthening the legal protection of intellectual property rights”, to further improve the trademark system and solve the outstanding problems in the trademark field.
GLP, involving its professionals, prepared its consideration and responded with its comments to this public solicitation. We are proud to have been involved in this important request.
|More info about the CNIPA's Trademark Law Draft|
This was the fifth revision of the China Trademark Law since 1983. The proposed draft is a comprehensive revision, and the total number of revised provisions of the Trademark Law has increased from 73 Articles to 101 Articles. The current version will be substantially improved after listening to and accepting the suggestions of all stakeholders.
The revision aims to improve and perfect the trademark protection. Efforts have been made to reshape the law somehow to shift from the current registration basis system to be more use focused. Under the draft revision, statement of trademark use will be required, and repeat trademark registration will be forbidden, except for certain circumstances. Meanwhile, stronger protection will be given to well-known trademarks, either registered or unregistered in China. Bad faith trademark filings are strictly forbidden and compulsory transfer to the legitimate trademark holder will be possible. In addition, the draft revision aims to improve the trademark examination efficiency, by shortening the opposition procedure.